And again there is a fundamental decision of the Federal for arranging a subsequent preventive detention. Tenor (1 StR 605/06 ):
A prison occurring mental illness of the convicted may by itself justify the subsequent order of preventive detention under § 66b StGB not regularly. Relevant criterion Is that the disease was expressed during their sentences in a manner relevant to the hazards forecast the behavior of the offender.
One interesting for Reviewers core rate is found under point 23:
starting point for an accommodation under § 63 of the Criminal Code is an ongoing mental disorder of the person concerned ("state"), which found its expression in the Anlasstat contrast, is the - well. Subsequent - preventive detention in the first place to protect the public from high-risk non-ill lawbreakers, whose life and criminal history, the commission can expect further serious crimes ("bad or mad ", see Kroeber, Behavioral Sciences and the Law 18, 679 [2000], the ratio of the measures also Stree see. Schönke / Schroeder 27th edition of the Criminal Code § 66 para 76) This distinction corresponds to the § 66 para 1 No. 3 Penal Code contained a prerequisite of a "slope" as a genetic or acquired through practice intense inclination to violations of the law (BGH NStZ 2005, 265; BGHR Penal Code § 66 para 1 slope 1; Tröndle / Fischer StGB 54th ed . § 66 para 18), with that of § 63 StGB presumed pathological condition or disease the same can not be equated.
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